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Monday, December 20, 2010

Ind. Decisions - Court of Appeals issues 2 today (and 5 NFP)

For publication opinions today (2):

In Bruce R. Smith v. Morgan L. Smith , a 6-page opinion, Judge Kirsch writes:

Bruce R. Smith (“Bruce”) appeals from the trial court’s division of marital property in the dissolution of his marriage to Morgan L. Smith (“Morgan”). Bruce raises the following restated issue: Whether the trial court abused its discretion in the division of the marital estate. We reverse and remand. * * *

Here, the trial court’s division of the marital estate resulted in a net award to Morgan of $11,440.50 and a net award to Bruce of -$4,977.50. The award to Morgan exceeded the net value of the marital estate and constitutes an abuse of discretion. We remand this matter to the trial court for a just and reasonable division of the marital estate not exceeding the net value of the marital estate.

In Reginald D. West v. State of Indiana , a 9-page opinion, Sr. Judge Sharpnack writes:
Petitioner-Appellant Reginald West appeals the denial of his petition for post-conviction relief. We affirm.

West raises the following issues for our review, which we restate as: I. Whether the post-conviction court erred in determining that West was afforded effective assistance of trial counsel when counsel did not object to certain statements made by the deputy prosecutor in her closing and rebuttal statements. II. Whether the post-conviction court erred in determining that West was afforded effective assistance of trial counsel when counsel did not call certain alibi witnesses.

NFP civil opinions today (2):

Term. of Parent-Child Rel. of I.L., et al.; A.L. & P.L. v. IDCS (NFP)

A.Q. v. Review Board, et al. (NFP)

NFP criminal opinions today (3):

Markisha Hill v. State of Indiana (NFP)

Corey J. Smith v. State of Indiana (NFP)

J.P. v. State of Indiana (NFP)

Posted by Marcia Oddi on December 20, 2010 02:21 PM
Posted to Ind. App.Ct. Decisions